John Lytton & Co Ltd
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Terms of business

These are a general guide of the sort of terms we would normally expect to apply when carrying out instructions for professional services, but they can  be overridden by any more specific terms that are set out in response to a client's request for a service.

Unless otherwise stated, we reserve the right to charge a fee based on time spent at our normal hourly rate or day rate plus where appropriate, travel and out of pocket expenses.

The person who is intended  to benefit from our service  is the client and is responsible for our fees. In exceptional cases  a solicitor or other professional may engage us on behalf of a client  and the professional firm may then accept responsibility for our fees though this is not standard practice and only applies where it has been specifically agreed in writing. We require as a matter of course a UK postal address  to be provided by clients and may need proof of identity.

It is our intention to provide advice which is comprehensive and meets your requirements and we will in general set down in writing our understanding of what is expected of us. No job is too large or too small but we may not be able to give a cost effective service if a relatively small job is a long way from the office. If we think we cannot provide  value for money in such cases we will say so. We do expect cooperation from clients; it is pointless for us to undertake instructions where a client is concealing material facts or giving us misleading information.

Confidentiality: We are conscious that instructions involve confidentiality between surveyor and client and we endeavour not to conduct our inquiries in such a way as to prejudice that confidence. WE MAY PASS A CLIENT’S  CONTACT DETAILS TO OTHER PROFESSIONALS ASSISTING WITH THE SAME MATTER WHERE WE CONSIDER IT IS IN A CLIENT’S INTERESTS (NORMALLY WITH CLIENT PERMISSION),  IN CONNECTION WITH RECOVERY OF A DEBT DUE TO US, OR IN RESPECT OF SUSPECTED UNLAWFUL ACTIVITY.

Building Inspections:We aim to provide  comprehensive reports following a visual inspection of the property in question and to make this relevant to the client’s needs.  For building condition reports, we inspect the property as thoroughly as is practical and endeavour to comment on the more important items where in our opinion, major cost consequences might arise.  It follows that we cannot comment on every minor matter but we will try to point out where small factors may become more serious.  Our intention is to report on the integrity of the main structural or physical elements so far as can be ascertained. Some factors cannot be assessed without detailed research or the involvement of a solicitor and therefore our advice is always subject to a number of assumptions regarding the property.  If subsequently, fuller information is received which conflicts with the assumptions made, we reserve the right to re-inspect and  amend our report in the light of that information. When undertaking valuation or other expert reports, the nature of the inspection and reporting is geared to the purpose of our instructions.  Sometimes the inspection need only be very brief and the report no more than a verbal comment followed by a letter. A building inspection is not the same as  a valuation or a rebuilding cost assessment.

Valuations: these do not automatically include a detailed inspection of the structure and often the detail required for valuations is superficial (floor areas, facilities, general decorative condition. Many valuations are for ‘Regulated Purposes’ meaning that there are laid down procedures standards of reporting and definitions which we must follow and may not deviate from without making that deviation clear in the report. 

Insurance  rebuilding cost assessments are neither a survey report nor a market valuation. They are based on risks of damage with the cost of materials, labour and ancillaries necessary to reconstruct a building assuming  total destruction by an insured peril. They are used to calculate an insurance premium and to asses risks.

Statutory requirements: certain types of work are governed by statutory frameworks such as reports to charities on disposal of assets, acting as a party wall surveyor, valuation of assets of publicly quoted companies  and giving evidence to a Court. In these cases our professional work must be carried out in accordance with the  requirements which take precedence over the wishes of a client.  Also in cases of Fraud, Money Laundering and other similar activity, we are as professionals obliged to notify the authorities if we suspect such crimes are taking place.

Limiting factors: All our work  is subject to certain  limitations and prospective clients  should have regard to the following:-

i. We always act for the person  who instructs us whether or not this instruction is in writing unless by reason of statute or the nature of the work we are obliged to act as an independent Surveyor, or the work is specifically requested for the benefit of someone else. In a court of law, an expert witness owes a primary duty to the Court which overrides the duty to the client. We will not knowingly give false information in any report.

ii. The final decision is always for the client; we do not take commercial decisions on behalf of clients

iii. A valuation is often subject to strict rules as to the basis that can be used, particularly if it is for a purpose where the  public may have reason to rely on it

iv. When making inspections, we must have a regard for the safety of the surveyor, the public and owners/occupiers of the building as well as respecting the contents of buildings. We will not cause damage to the property, access fragile roofs, gain close proximity to hazards or environments requiring special protective clothing. We will not move fixtures or fittings, nor disturb fitted furnishings, occupiers’ stored items or heavy furniture.  Where in our discretion it is practical or possible to gain access to concealed areas we will do so.  Our reports cannot cover hidden, unexposed or inaccessible areas neither can we undertake to investigate areas which we believe to be inaccessible at the time of inspection.  Where we are unable to get access to areas commonly accessible, we will endeavour to point this out.

Our fees: We do expect to be paid for all work carried out in good faith and to the required standard, in accordance with our terms of business;  we for our part stand by the advice given. Unless a contingent fee is agreed, our charges including disbursements and VAT are not dependent on clients achieving specific outcomes. Knowingly instructing us with no intention of paying our fees is fraudulent and we do on occasions take action for recovery.

Where things go wrong: if we have a disagreement with a client, measures  are in place for resolving these including a complaints procedure and the opportunity for the client to complain to the RICS if we cannot satisfactorily resolve matters. If all else fails a client may in most situations, withdraw instructions from us; similarly we may refuse to act further for a client. There are some exceptions to this however such as appointments of party wall surveyors. Details of complaints procedures are available on request.